(1) An Inspector of Factories appointed under 2[sub-section (1) of section 8 of the Factories Act, 1948 (63 of 1948)], shall be an Inspector for the purposes of this Act in respect of all factories within the local limits assigned to him.

(2) 1[Appropriate Government] may appoint Inspectors for the purposes of this Act in respect of all persons employed upon a railway (otherwise than in a factory) to whom this Act applies.

(3) 1[Appropriate Government] may, by notification in the Official Gazette, appoint such other persons as it thinks fit to be Inspectors for the purposes of this Act, and may define the local limits within which and the class of factories and 3[industrial or other establishments] in respect of which they shall exercise their functions.

4[(4) An Inspector may,--

(a) make such examination and inquiry as he thinks fit in order to ascertain whether the provisions of this Act or rules made thereunder are being observed;

(b) with such assistance, if any, as he thinks fit, enter, inspect and search any premises of any railway, factory or 5[industrial or other establishment] at any reasonable time for the purpose of carrying out the object of this Act;

(c) supervise the payment of wages to persons employed upon any railway or in any factory or 6[industrial or other establishment];

(d) require by a written order the production at such place, as may be prescribed, of any register or record maintained in pursuance of this Act and take on the spot or otherwise statements of any persons which he may consider necessary for carrying out the purposes of this Act;

(e) seize or take copies of such registers or documents or portions thereof as he may consider relevant in respect of an offence under this Act which he has reason to believe has been committed by an employer;

(f) exercise such other powers as may be prescribed:

Provided that no person shall be compelled under this sub-section to answer any question or make any statement tending to incriminate himself.

(4A) The provisions of the 7[Code of Criminal Procedure, 1973 (2 of 1974) shall, so far as may be, apply to any search or seizure under this sub-section as they apply to any search or seizure made under the authority of a warrant issued under 8 [section 94] of the said Code.]

(5) Every Inspector shall be deemed to be a public servant within the meaning of the Indian Penal Code (45 of 1860).

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Footnote :

1. Subs. by Act 41 of 2005, s. 3, for "the State Government" (w.e.f. 9-11-2005).
2. Subs. by Act 68 of 1957, s. 6, for "sub-section (1) of section 10 of the Factories Act, 1934" (w.e.f. 1-4-1958).
3. Subs. by Act 38 of 1982, s. 9, for "industrial establishments" (w.e.f. 15-10-1982).
4. Subs. by Act 53 of 1964, s. 11, for sub-section (4) (w.e.f. 1-2-1965).
5. Subs. by Act 38 of 1982, s. 9, for "industrial establishment" (w.e.f. 15-10-19825).
6. Subs. by Act 38 of 1982, s. 9, for "industrial establishment" (w.e.f. 15-10-1982).
7. Subs. by s. 9, ibid., for "Code of Criminal Procedure, 1898" (w.e.f. 15-10-1982).
8. Subs. by s. 9, ibid., for "section 98" (w.e.f. 15-10-1982).